United States Fourth Circuit

District court lacks authority to abstain from exercising jurisdiction over claims stemming from commercial general liability insurance policy for breach of contract and unfair trade practices where claims plainly seek damages and there is no pending state action.

Appellate Information

• Decided 12/05/2000
• Published 12/05/2000

Judges

• Before WILKINS and KING, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy Marie Smith, Steptoe & Johnson, Clarksburg, WV, for Appellants. Jodi K. Douglas, Cooper & Preston, Parsons, WV, for Appellee.   ON BRIEF:  Daniel C. Cooper, Steptoe & Johnson, Clarksburg, WV, for Appellants.  John W. Cooper, Cooper & Preston, Parsons, WV, for Appellee.